Delaware gazette and state journal. (Wilmington, Del.) 1883-1902, 1887-02-17
dressed the jury, speaking until tho hour

on points of law.
Mr. Bacon than opened the argument
Tor the defence, and was followed by Mr..
Turner. Attorney General Paynter tloHal
the pleadings, Chief Justice Comeqys
tnen charged the jury. lie defined hoIni-
eide, and told the jury What constituted
murder IN the first or sepohd degree, or
manslAughter, and the elements that must
| be proved to convict OF either He said
II had been regarded ss good thing,
from what we read Of former DAYS, TO
hang man now and then, because of the
terror that the example inspired in the
Dad men OF the community, but lie did
not think this jury world be satisfied
| with any such reasons for hanging.
He said the court had admitted testimony
as to what had transpi ed ut the aims
house on the 10th of OetDber, but none
OF that testimony was proper for the Jury
to consider. Had the prisoner been oil.
lowed to remain in the room to hear all
that Coyle said, or had he been allowed
10 say all he wanted to say himself, the
evidence would be competent, but while
the action in removing Elliott and pre-
venting him from saying what he wished
to say was prompted by humane motives
on the part of the officers toward the man
who waa dying in the room, II was,
nevertheless, unfair to the prisoner,
and the testimony th.is given by
Coyle could not be considered by the Jury
in the case. II had been stated in tle tes.
timony that when Coyle, looking at
Elliott said "That is the man that struck
me, " the prisoner at once replied 'Cnn
you prove that2" The counsel for the
State argued to make it appear that this
was tacic admission of She charge, and
not denial. 1t was like the expr, ssion
often used in money ma tiers when one
man asks another for pa gment. The re-
| ply is often made, "Proye that l owe the
money" which in the common accepta-
tion is equivalent to denial of the debt.
And the answer made by the prisoner
to Coyle must likewise be taken
as paramount to denial II
had also been addnced on the
stand that when Ooyle accused the pris-
oner the latter flushed and became red in
the face. But the chief Justice declared
that if the accused is guilty man under
such circumstances he is more likely to
turn pale. White is the color of guilt.
The justice also cited the prisoners de-
meanor at other times, showing that he
did not act like man whose conscience
was troubled with guilty knowledge. In
conclusion he alluded TO the testimony as
to the prisoners good reputation for peace
and good order, which testimony bud not
been offset or impeached, and OF which
the prisoner must be given the benefit.
The jury retired at $40 O'Clock. The
| prevailing impression seemed to be that
1t would have no difficulty in coming to
verdict. The prisoner was taken out.
l A q ~
out, the jury filed in and took their seats.
The prisoner having been brought back,
the usual questions were asked, and in
response to the How say you, Mr.. Fore.
mani" that gentleman arose and said
sNot guilty" There was no demonstra-
tion and no surprise expressed at the YER
dict by those in the court room. The
audience, in fact, Was one of the SIN lllest
that was ever present in the courthouse
at the conclusion of capital case
The prisoner, Elliott, had maintained a
changeless expression of countenance
throughout the trial. His face looked
serious, but there was nothing to indicate
fear for the result or very hopeful hope.
When the verdict of the jury was an
nounced and Mr. Turner went at once TO
congratulate him he broke In Apply
smile. The chief justice said
"Robert Elliott you are discharged
from custody. You are at liberty 10 20
where you please. Now keep away from
beer saloons and rC sorts of that kind. II
will be better for you.n
The prisoner stepped out of the box on
his crutches and was shaken by the hand
by several of his friends and relatives,
looking in the face rs il a heavy load had
been removed from his bosom. While
walking toward the door at the north end
of the bench be paused and, GidrI ssing
the chief justice, said
'Your Honor, sir thank the jurg and
| the judges for whit they have done"
| With these words he walked away from
doubt and confinement inio liberty and
@he enjoyment of tine open air without the
fear for his life before him, which must
have been haunting him for the past four
months.
Perry Cooper, colored, who had been
arraigned with Francis Bayard, also
colored, ON the charge of stealing %14 in
money from Alexander Wellington in
Christiana hundred, confessed guilt, and
was sentenced to pay fl4 restitution
money and costs, stand ono hour iu the
pillory and serve six months in prison.
After this all jurors who had been
specially summoned for the court of oyer
and terminer, and all the witnesses who
had been summoned by the State, were
discharged from any further attendance
at this time.
The court then entered at once into
superior court business The first civil
suit called was that of Patrick Newell ys.
Peter j. Ford, for damages, L. O. Vande-
prift, ESD, for the plaintiff and Walter
II. Hayes, Esq, for the defendant.
iury was empaneled and Mr.. Yandegrift
made statement of his case. He said
the case was an action against Peter j.
Ford for damages in the sum of $3.50 for
taking and detaining horse, cart and
harness. the property of the plaintiff.
The details were us follows;
Patrick Newell bought horse, cart
and harness from Peter j. Ford on April
25th or 26th, 1886, and secured him FOR
$3.50 in in payment by Judgment BOND
for six months. The outfit was stolen
from Newell who offered reward Tor IL
and it was recovered. 1t was taken out
of the custody Of the parties who had II
in keeping by Ford When 1t was de-
msuded Ford refused to give it up
until the plaintiff Rhonld do certain
things which ii was impossible Io<
him TO 90. lne ilS WIS "
manded second time on November 2lst,
1885, and was refused, and on that day
this action was brought On the 25d
Ford made up his mind to give up this
property to Newell. 1t was in the season
Of the year when there was little work OF
the kind that Newell had been doing and
whom a horse would ''eat his head OH,
and the plaintiff was compelled then to
sell the rig for $50, that being all he
could get for it at that season of the year.
, The plaintiff, therefore, demanded re-
muneration for the depreciation OF the
, value of the outfit, and for the earnings
/ he might have made had 1t renamed IN
his possession,
/ Patrick Newell was called to the stand
hut before his examination was concluded
, conrt took d recess until 7 O'clock in the
) evening. At that hour the examination
t was continued. MIR. Newell confirmed
the facts given above, though more IN
, detail. He said he bought the horse IN
/ April, 1886, and had it about six weeks,
3 when it was stolen by the driver. ne
offered ex-Chief of Police Mcdonnell
[ reward of $50 if he could recover the
3 horse The chief found theIhorse. Newell
1 did not have the $50 at that time, and by
agreement the horse was sent by the CHER
a 10 Faeap's stable, until Newell could raise
Z the money. The plaintiff went to work, but
a tbe N xt day was notified that Ford had
taken the rug from Fagan's stable. About
n two weeks afterward he went to Ford and
r asked him about the horse, demanding
/ that il be given up to him, Ford told
. L;m that he had taken it and would hold